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197152v2 <br /> 3. WAIVER. BSC, its successors and assigns, waive any and all procedural and <br />substantive objections to the Public Improvements and special assessment, including but not limited <br />to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. <br />BSC waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. <br /> <br /> 4. RELEASE. BSC, its successors and assigns, hereby unconditionally releases and <br />forever discharges the City, its elected officials, employees, agents and insurers from any and all <br />claims and causes of action of whatever kind or nature that is in any way connected with or related to <br />the Public Improvements. <br /> <br /> 5. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the <br />BSC and BSC’s successors and assigns. This Agreement shall run with the land and may be <br />recorded against the title to the Subject Property. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />[Remainder of page intentionally left blank. <br />Signature pages follow.] <br /> <br />